I recently received a letter from the sheriff stating they are going to garnish my salary 10% of my gross wages due to default on credit card bill of 10,000. I never recd any info from the attorney taking this to court - Just the letter from the county sheriff in Nassau NY. I called the credit card company & they told me it out of their hands that the account was written off. They actually told me to call the attorney listed on the judgment from the sheriff's office. Is this feasible to do to try to negotiate with the lawyer office now, to either make a payment plan & or to get a lower settlement. @ 10% of my gross salary could make me loss my home. Don’t I have a right to be present at a hearing? What are my options. Should I get a lawyer?

BOB

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Originally Posted by RMCHUBER

I recently received a letter from the sheriff stating they are going to garnish my salary 10% of my gross wages due to default on credit card bill of 10,000. I never recd any info from the attorney taking this to court - Just the letter from the county sheriff in Nassau NY. I called the credit card company & they told me it out of their hands that the account was written off. They actually told me to call the attorney listed on the judgment from the sheriff's office. Is this feasible to do to try to negotiate with the lawyer office now, to either make a payment plan & or to get a lower settlement. @ 10% of my gross salary could make me loss my home. Don't I have a right to be present at a hearing? What are my options. Should I get a lawyer?

BOB

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The Attorney has no incentive to strike a deal with you - he/she already has the Judgment and is - at the moment - guaranteed payment. Of course, you owe the Judgment amount plus interest plus Attorney's fees.

If you can prove you were never served with the original papers (Summons, possibly a Complaint) you can go back to Court and attempt to get the Judgment set aside. If you allege faulty service and have no defense, they will probably simply re-serve you and obtain another Judgment. If you have a defense - out of statute, not your debt, it's already paid - then you would present that and hope there will be no Judgment against you the second time around.

I have never seen a Judgment go directly to garnishment without the debtor being notified first but I guess it does happen.

In some States the creditor can take 25% so I would consider myself fortunate it's "only" 10%.

The only person who can negotiate this now is the Attorney - it is out of the credit card company's hands.

[Comments on this post
Excon agrees: smart girl]



Thank you - Excon taught me everything I know.

Now if he'd only teach me everything HE knows I'd really be in good shape.

JUDYKAYTEE- EXCON

Thanks for you input - Ill keep this thing open and advise you of the outcome!

BOBC

Yes You have asked a good question and its answer is clear from above statement.

Yes You have asked a good question and its answer is clear from above statement.



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